MUZAFFARABAD, Dec 26: Chaudhry Maqbool, the People’s Party leader whose election as member of Legislative Assembly was declared void by an election tribunal, filed an appeal against the decision in the Azad Jammu and Kashmir Supreme Court on Thursday.

The success of Chaudhry Maqbool from LA-30, Jammu II, on the basis of re-polling in a polling station, was challenged by his electoral rival, Chaudhry Mohammad Ismail, who belongs to the Muslim Conference, in the election tribunal.

On Tuesday, the tribunal, headed by senior district and session judge, Syed Nisar Hussain Shah, set aside the notification of the chief election commissioner issued on July 10, 2001, for the re-polling and declared Mr Ismail MLA-elect on the basis of initial official counting of votes.

In his appeal, Chaudhry Maqbool prayed that the election tribunal had limited jurisdiction and its decision was without lawful authority.

The tribunal, he argued, could only declare the election of the returned candidate void if it was proved that the results were procured by corrupt or illegal practice with the connivance or consent of that candidate or his agent.

In the case, the petitioner had withdrawn the allegations levelled in his petition and had only sought the permission of the tribunal to argue the legal powers of the CEC in relation to issuance of the July 10 notification for re-polling, he said.

He prayed that no evidence was recorded and even issues were not framed, therefore the order of the tribunal was against the law.

He said that under the powers vested in the CEC under Section 24-A of AJK Legislative Assembly Election Ordinance, 1970, the “CEC may, on its own motion or on receipt of a report for reason to be recorded, declare the polls at a polling station to be void and fix a day for fresh polling.”

He argued that the results of the successful candidates from all the constituencies, except for the constituency in question, were declared by the CEC on July 10, 2001, which were published in the official gazette on the following day.

But, prior to the declaration of results, the CEC had notified the date for fresh polling on polling station No.65 in his constituency.

Therefore, the notification was legal, he said and added that since no violation of law had been pointed out, the impugned order of the tribunal was illegal.

Court sources said that the appeal was likely to be taken up for interim relief on Jan 7.